PUBLIC  ACTS,  1895.— No.  28. 


IN 


[ No.  28.  ] 


IJ8RARY 

OF  THE 

WERS'ffi' of  ILLIj 


AN  ACT  to  "provide  for  the  management  and  control,  and 
for  the  extension  of  the  usefulness  of  the  State  library. 


Section-  1.  The  People  of  the  State  of  Michigan  enact , That 
the  State  library  shall  be  kept  in  the  room  in  the  capitol  which  it 
now  occupies,  unless  some  other  provision  shall  be  made  by  the 
legislature  in  reference  thereto.  It  shall  consist  of  the  books, 
pamphlets,  papers,  pictures,  maps,  charts,  and  documents  of 
every  description  now  belonging  to  the  same,  together  with  all 
such  others  as  it  may  acquire  by  gift,  purchase,  exchange  or 
otherwise.  The  members  of  both  houses  of  the  legislature  and 
th  executive  and  judicial  officers  of  the  State  shall  at  all  times 
have  free  access  thereto,  under  such  rules  and  regulations  as  may 
be  made  for  governing  the  library. 

Sec.  2.  The  Governor,  the  two  legislative  committees  on  the 
State  library  and  the  State  librarian,  acting  jointly,  shall  make 
and  execute,  modify  and  amend  such  rules  and  regulations,  not 
conflicting  with  the  statutes  governing  the  library,  as  they  may 
deem  proper  relative  to  the  use  and  loans  of  books  from  the  State 
library,  and  also  such  rules  prescribing  penalties  and  fines  for  any 
iolation  thereof.  Such  rules  and  regulations,  when  adopted, 
shall  remain  in  force  until  modified  or  amended.  In  case  it 
becomes  necessary,  during  the  recess  of  the  legislature,  to  modify 
or  amend  a rule,  or  adopt  a new  one,  the  Governor  and  the  State 
librarian  may  make  such  modification,  amendment  or  new  rule, 
and  the  State  librarian  shall  report  such  action  to  the  legislature 
at  its  next  session  for  reference  to  the  committees  on  the  State 
library. 

Sec.  3.  A State  librarian  shall  be  appointed  by  the  Governor, 
by  and  with  the  consent  of  the  Senate,  who  shall  hold  the  office 
for  the  term  of  four  years.  The  librarian  shall  have  the  care 
and  charge  of  the  library  and  of  the  affairs  pertaining  thereto, 
and  shall  make  a report  to  the  legislature  at  the  commencement 
of  each  regular  session  thereof,  as  to  its  condition  and  the  number 
and  description  of  the  volumes  as  contained  therein.  The  salary 
of  the  State  librarian  shall  be  twelve  hundred  dollars  per  annum, 
payable  monthly  out  of  the  State  treasury,  upon  the  warrant  of 
the  Auditor  General. 

Sec.  4.  The  State  librarian  shall,  before  entering  upon  the 
duties  of  the  office,  file  with  the  Secretary  of  State  his  receipt  for 
all  property  entrusted  to  him,  take  and  subscribe  the  oath  of 
office  prescribed  by  the  constitution  and  give  a bond  in  the  penal 
sum  of  ten  thousand  dollars,  with  sureties  to  be  approved  by  the 
Secretary  of  State,  conditioned  for  the  safe  keeping  of  such  prop- 
erty as.  may  be  entrusted  to  his  care.  Said  bond  and  receipt  shall 
be  filed  in  the  office  of  the  Secretary  of  State,  and  they  shall  not 
be  canceled,  nor  shall  the  sureties  on  said  bond  be  released  from 
their  obligations  thereon,  until  the  receipt  of  the  successor  to  the 


State  library, 
location  and. 
contents  of. 


Who  to  con- 
stitute com- 
mittee on  li- 
brary rules. 


Rules  may  be 
amended. 


Governor  to 
appoint  State 
librarian. 


Salary  of 

State 

librarian. 


Librarian  to! 
file  receipt  for 
property  with 
Secretary  of 
State. 

To  give  bond. 


2 


PUBLIC  ACTS,  1895. -No.  28. 


Governor  may 
remove  libra- 
rian for  cause. 


Vacancy,  how 
filled. 


When  Govern- 
or may  fill 
vacancy. 


Librarian  to 

appoint 

assistant. 

Assistant 
librarian  to 
give  bond  and 
take  oath. 


Duties  of 
assistant. 


Salary  of. 


When  assist- 
ant subject 
to  removal. 


Librarian  may 
employ  addi- 
tional assist- 
ance. 


Officers  and 
employes  of 
the  State  are 
required  to 
show  certifi- 
cate that  all 
books  have 
been  returned 
before  final 
settlement. 


said  librarian,  for  the  property  delivered  over  to  him,  shall  have 
been  obtained  and  payment  for  all  deficiencies  made. 

Sec.  5.  The  Governor  shall  have  the  power  to  remove  the 
State  librarian  at  any  time  for  incompetency,  neglect  of  duty, 

misfeasance  or  malfeasance  in  office,  and  to  appoint  another 

person  to  fill  the  vacancy;  but  the  reasons  for  such  removal, 

together  with  the  name  of  the  appointee  to  fill  such  vacancy, 

shall  be  laid  before  the  Senate,  if  in  session,  if  not  in  session, 
then  at  the  next  session  of  the  legislature.  The  appointment 
made  to  fill  such  vacancy  shall  be  subject  to  the  advice  and  con- 
sent of  the  Senate  at  such  session.  In  case  of  a vacancy  in  the 
office  of  the  State  librarian  from  any  other  cause,  the  Governor 
shall  appoint  another  person  to  fill  the  same,  which  appointment 
shall  be  subject  to  the  advice  and  consent  of  the  Senate  if  in 
session,  if  not  in  session  then  at  the  next  session  of  the  legislature 
thereafter. 

Sec.  6.  The  State  librarian  is  hereby  authorized  to  appoint, 
with  the  advice  and  consent  of  the  Governor,  one  assistant,  who 
shall  be  known  as  the  assistant  State  librarian  and  who  shall  give 
to  the  State  librarian  a good  and  sufficient  bond,  approved  by  the 
Secretary  of  State,  for  the  safe  keeping  of  the  property  held  in 
charge  and  who  shall  take  and  subscribe  the  constitutional  oath 
of  office.  It  shall  be  the  duty  of  the  assistant  State  librarian  & 
aid  in  the  care  of  the  books,  the  keeping  of  the  accounts,  and  to 
render  such  assistance  as  the  State  librarian  may  require.  The 
salary  of  the  assistant  State  librarian  shall  be  nine  hundred  dollars 
per  annum,  payable  monthly  out  of  the  State  treasury,  upon  the 
presentation  of  a voucher  certified  to  by  the  State  librarian  and 
drawn  upon  the  warrant  of  the  Auditor  General  from  any  funds 
not  otherwise  appropriated.  The  assistant  librarian  shall  at  any 
time  be  subject  to  removal,  when  in  the  opinion  of  the  State 
librarian  and  the  Governor  the  interests  of  the  State  library 
require  it. 

Sec.  7.  The  State  librarian  is  hereby  authorized  to  employ, 
with  the  approval  of  the  Governor,  such  additional  assistance  as 
may  be  necessary  for  the  care  and  management  of  the  library  at 
a salary  not  exceeding  eight  hundred  dollars  per  annum  for  each 
person  so  employed,  to  be  paid  in  the  same  manner  as  provided 
in  case  of  the  assistant  librarian. 

Sec.  8.  Before  any  member  of  the  legislature,  or  of  any  con- 
vention to  revise  the  constitution,  or  other  officer  or  employ^  of 
the  State,  who  may  be  authorized  by  the  rules  of  the  State  library 
to  draw  therefrom,  shall  receive  their  pay  in  full,  it  shall  be 
necessary  for  them  to  obtain  and  exhibit  from  the  State  librarian, 
a certificate  stating  that  they  have  returned  all  the  books  they 
may  have  drawn  from  the  State  library.  Before  a final  settlement 
with  any  State  employe  it  shall  be  the  duty  of  the  State  officers 
to  require  such  employes  to  obtain  and  exhibit  to  the  officer  in 
charge  of  their  respective  departments,  the  certificate  above 
referred  to. 


PUBLIC  ACTS,  1895.— No.  28. 


3 


1 


Q VV.jp*. 


Sec.  9.  The  State  librarian  shall  exchange  the  judicial  de-  authorized  to 
cisions,  statutes,  journals,  legislative  and  executive  documents  of  exchange  ^ 
Michigan,  and  other  books  placed  in  the  care  of  the  State  librarian  utes,Setca 
for  the  purpose  of  exchange,  with  the  libraries  of  other  states  and 
the  government  of  the  United  States,  and  of  foreign  countries, 
and  with  societies  and  institutions.  The  State  librarian  may  sell 
or  exchange  duplicate  volumes  or  sets  of  works  not  needed  for  use 
in  the  State  library  and  apply  the  proceeds  to  the  purchase  of 
other  books  for  the  library. 

Sec.  10.  The  sum  of  five  thousand  dollars,  to  be  assessed,  ^ptJ10epriation 
levied  and  collected  in  the  same  manner  as  other  State  taxes,  is  purchase 
hereby  appropriated  for  each  of  the  years  eighteen  hundred of  books' 
ninety-five  and  eighteen  hundred  ninety-six  for  the  purchase  of 
books  and  such  other  material  as  is  appropriate  to  be  added  to  the 
State  library.  The  money  so  appropriated  shall  be  drawn  from  How  drawn- 
the  State  treasury  upon  the  warrant  of  the  Auditor  General  and 
shall  be  expended  by  the  State  librarian  with  the  advice  and  con- 
sent of  the  Governor  for  the  purchase  of  books,  pamphlets, 
papers,  maps,  documents  and  other  matter  for  the  library  and  for 
other  purposes  of  benefit  and  advantage  to  said  library. 

Sec.  11.  Any  public,  incorporated,  school  or  college  library 
in  the  State  having  not  less  than  one  thousand  volumes,  other  associate 
than  publications  furnished  by  the  State,  may,  upon  compliance 
with  the  provisions  of  the  rules  prescribed  by  the  library  commit- 
tee, become  an  ‘ ‘associate  library”  with  the  State  library  and  be 
entitled  to  all  the  privileges  accorded  by  this  act  to  associate 
libraries.  It  shall  be  the  duty  of  the  State  librarian  to  issue,  to 
any  eligible  library  complying  to  the  rules  above  mentioned,  a 
certificate  of  association  showing  that  such  library  has  become  an 
'•'associate  library.”  The  associate  relationship  may  be  terminated 
at  any  time  by  a surjender  of  said  certificate  and  the  return  of  ^libraries* 
all  books  belonging  to  the  State  library,  whereupon  the  State  may  terminate 
librarian  shall  return  to  the  librarian  of  such  associate  library  any  relatlonshlp 
bonds  or  deposits  held  for  the  return  of  books.  The  associate 
relationship  may  also  be  terminated  by  a violation  of  such  rules 
as  the  library  committee  may  prescribe. 

Sec.  12.  The  librarian  of  every  such  associate  library  shall  ^ssociate^ 
make  an  annual  report  to  the  State  librarian  of  the  names  of  make  annual 
its  directors,  trustees  or  managers,  the  number  of  volumes  con-  s^at? to 
tained  in  such  library  and  the  number  of  volumes  drawn  therefrom  librarian, 
during  the  preceding  year.  Such  report  shall  be  made  at  the 
close  of  the  fiscal  year  of  such  associate  library.  The  librarian 
shall  also  report  at  once  any  changes  made  in  its  directors  or 
officers  during  the  year. 

Sec.  13.  Under  such  reasonable  rules  and  regulations  as  may  ®ta^e1jJ^rarian 
be  prescribed  therefor,  the  State  librarian,  upon  the  requisition  books  to 
of  the  librarian  of  any  associate  library,  may  lend  to  such  associate  library, 
library  any  book  which  may  be  called  for  by  any  patron  of  such 
associate  library,  except  such  books,  pamphlets,  papers,  maps,  or 
documents  as,  in  the  discretion  of  the  State  librarian  cannot, 
consistently  with  the  best  interests  of  the  State  library,  be 

1 J ^ 


4 


PUBLIC  ACTS,  1895. 


Proviso  as  to. 


When  State 
librarian  may 
give  advice  to 
associate 
librarian. 


Violation  of 
rules  to  debar 
associate 
libraries  from 
privileges. 


State  librarian 
to  keep  record 
of  associate 
libraries. 


Appropriation 
for  Michigan 
traveling 
library. 


Repealing 

clause. 


3 0112  061916091 


allowed  to  be  taken  therefrom:  Provided , That  all  expense  of 

transportation  shall  in  all  cases  be  paid  by  the  associate  library 
borrowing  such  book  or  other  property. 

Sec.  14.  The  directors,  trustees,  or  managers,  or  the  librarian 
of  any  associate  library  shall  be  entitled  to  ask  from  the  State 
^librarian  any  needed  advice  or  instruction  as  to  a library  building,, 
furniture,  equipment,  government,  service,  rules  for  readers,, 
selecting,  buying,  cataloguing,  shelving,  lending  books,  or  other 
matter  pertaining  to  the  establishment,  reorganization  or  admin- 
istration of  a public  library.  It  shall  be  the  duty  of  the  State- 
librarian  to  impart  any  such  advice  or  instruction  in  his  posses- 
sion, whenever  requested  by  any  officer  of  an  associate  library. 

Sec.  15.  If  the  responsible  officers  or  managers  of  any 
associate  library  shall  disregard,  violate  or  refuse  to  comply  with 
the  rules  and  regulations  relative  to  the  loaning  of  books,  such 
associate  library  shall  be  debarred  from  the  privileges  granted 
by  this  act. 

Sec.  16.  The  State  librarian  shall  keep  a complete  record  of 
associate  libraries  and  of  the  transactions  therewith,  and  shall 
include  in  his  report  to  the  legislature  a summary  of  the  facts  set 
forth  in  the  application  of  such  libraries,  together  with  such 
other  matters  relating  to  such  libraries  as  may  be  of  public 
interest  and  value. 

Sec.  1 7.  There  shall  be  appropriated  from  the  treasury  of  the 
State,  from  funds  not  otherwise  appropriated,  the  sum  of  two 
thousand  five  hundred  dollars  for  the  purchase  of  books  and 
equipment  of  libraries  which  shall  be  designated  as  “Michigan 
Traveling  Libraries.”  Under  such  rules  as  the  library  committee 
may  prescribe,  they  may  lend  from  the  State  library  duplicate 
department,  or  from  books  specially  given  or  bought  for  this 
purpose,  selections  of  books  for  a limited  time  to  any  library  in 
this  State,  or  to  any  community  not  yet  having  established  such 
library,  but  which  has  conformed  to  the  conditions  in  said  rules 
required  for  such  loans. 

Sec.  18.  All  acts  or  parts  of  acts  so  far  as  they  contravene 
the  provisions  of  this  act  are  hereby  repealed. 

This  act  is  ordered  to  take  immediate  effect. 

Approved  March  20,  1895. 


